Radio Broadcasting License
According to the ORDA Decision no. 12/2012, the U.P.F.R is named the collector of the remuneration due to the producers of phonograms for their broadcasting by the broadcasting organizations.
Attention
In order to use the music in accordance with the law, you must obtain licenses from the collecting societies which manage the rights of composers as well as performers and phonograms and videograms producers, in accordance with Law 8/1996 and with the regulations of ORDA.
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License Details
For direct or indirect use of phonograms of commerce, phonograms published for commercial purposes or reproductions by broadcasting, the broadcasters legal obligation is to pay a remuneration, to seek and to obtain from the Producers Union of Phonograms from Romania, the nonexclusive license.
The users are bound to request the license before starting to broadcast.
The UPFR license is valid for 1 year with the possibility of automatic extension, under the conditions:
- – in which neither party sends a Termination Notice;
- – the payment of the remuneration provided by the Methodology in force.
ATTENTION!!!
1. Art. 6 of the Methodology indicated above no longer applies, the remuneration being exclusively percentage in relation to the provisions of art. III paragraph 4 of Law no. 69/2022 for the amendment and completion of Law no. 8/1996 and of art. 164 para. 2 of Law no. 8/1996 Rep. regarding copyright and related rights.
2. From April 4, 2022, the previous penalty from the Methodologies below no longer applies, but a penalty equal to the legal interest. The level of the delay penalty provided by the methodologies was modified by art. 165 para. 91 of Law no. 8/1996 on copyright and related rights, amended by Law no. 69/2022, in force from 04.04.2022.
Also, UPFR mentions that all authorizations in force after April 4, 2022 will have the articles regarding the minimums repealed, the remuneration being exclusively percentage in relation to the provisions of art. III paragraph 4 of Law no. 69/2022 for the amendment and completion of Law no. 8/1996 and of art. 164 para. 2 of Law no. 8/1996 Rep. regarding copyright and related rights.
Attention:
For online broadcasting services (through computer networks or the Internet) you must obtain another license: Non-exclusive license for the making available phonograms through the Internet, from the Internet license category (click here).
Documents:
General legal system
Law No. 8/ 1996 (Copyright Law and Copyright Related Rights), amended and suplemented by Law No. 69/2022
Decizia ORDA Nr. 216/2011
(valid fom july 2011)
Decizia ORDA Nr. 284/2010
(valid until july 2011)
Decizia ORDA Nr. 74/2006
(valid until september 2010)
Useful information
Methodology valid starting with 05.07.2011
- Methodology regarding the remuneration owed to music interpreters or performers and music producers for broadcasting the phononograms published with a commercial scope or its reproduction by the radio broadcasting bodies – ORDA Decision no. 216/2011, published in the Official Gazette no. 470/05.07.2011 View
Methodology valid until 04.07.2011
- Methodology regarding the remuneration owed to music interpreters or performers and music producers for broadcasting the phononograms published with a commercial scope or its reproduction by the radio broadcasting bodies – ORDA Decision no. 284/2010, published in the Official Gazette no. 668/30.09.2010. View
Methodology valid until 30.09.2010
- Methodology regarding the remuneration owed to music interpreters or performers and music producers for broadcasting the music published with a commercial scope or its reproduction by the radio broadcasting bodies – ORDA Decision no. 74/2006, published in the Official Gazette no. 382/04.05.2006, in accordance with CAB Civil Decision no. 23A/05.02.2007. View
1. Complete the License Application (download form).
2. Send the signed and stamped Application and a copy of each of the documents mentioned in the application (proof of attestation of the legal personality of the User – CUI; broadcasting license issued by the National Audiovisual Council; audiovisual authorization decision from the CNA; extract from the User’s Statute from which object of activity; ANCOM broadcast license) to UPFR, Radio-TV Department, Bd. Dimitrie Pompeiu 6E, Pipera Business Tower, Floor 11, Sector 2, Bucharest).
3. Receive two original copies of License,signed and stamped by the UPFR, then send a signed and stamped copy to the UPFR headquarters;
4. Send the periodic reports, respectively pay the remuneration at the terms established by the methodology and the license clauses.
Download:
- – Application for obtaining a radio license
- – Playlist – declaration table of broadcast phonograms (form)
Legal obligations for music users:
Request the non-exclusive license for the radio broadcasting of commercial phonograms, those published for commercial purposes or their reproductions, before the start of the broadcast.
Submit the playlist monthly (download excel) accompanied by an official address certifying its veracity, until the 25th of the month following the one to which it refers. Submit the playlist HERE.
Monthly, submit the basis of calculation (the total gross monthly income, or in the absence of them, the total expenses incurred by the user), as well as the share of the use of phonograms for the previous month (% commercial phonograms and % phonograms published for commercial purposes).
The amount of remuneration for the station is determined according to the methodology in force, published in Official Gazette Nr. 470 / 05.07.2011 by Decision ORDA No.216/2011.
The remuneration due to producers of phonograms for the use of commercial phonograms is estableshed by applying a percentage to total monthly gross income, according to the below mentioned thresholds, for each station owned:
a) up to 35% including, the remuneration is 0,9%;
b) over 35%, up to 65%, the remuneration is 1,2%;
c) over 65%, the remuneration is 1,5%.
The remuneration payable to music producers of phonograms is calculated according to art. 4 of the methodology published by Decision ORDA no. 216/2011, for each local/national station owned depending on the share of phonograms used in commerce programs (according to the above percentages), and by applying a rate of 1.5% in case of phonograms used in a share of 100% from the total broadcast time of programs. For a smaller percentage of usage, the 1.5% is reduced proportionally with the average music usage time in relation to the total aired time.
The remuneration shall be paid quarterly, until the 26th of the quarters following month for which is due, based on the invoices issued by UPFR according to the information submitted by you.
For late payment, the user owes penalties equivalent to the reference interest of the National Bank of Romania, related to the amounts not paid on time, calculated per day of delay.
The playlist – representing the complete list in an electronic format (excel, table) as it is mentioned at the point 10, lit.a). from the Methodology, of phonograms published for commercial purposes of reproduction or broadcast, including an official address certifying its truth – download the form
The calculation basis (the total gross monthly income or in their absence, total expences), and the share use of phonograms for the previous month (% phonograms of commerce and % phonograms published for commercial purposes)
Every semester, UPFR will request the Analytical balance and the Accounting balance in order to check the data of the remuneration calculation, according to the law and the methodology.
The total monthly gross income is defined by the methodology as the: „total monthly gross income, except the value added tax, obtained by the users from the radiobroadcast activity, including but without limitation, the income from advertising, barter, subscriptions, announcements and informations, phone calls and SMS surcharges, sponsorships, contests and games broadcast, renting airtime, other financial contributions, custom-made broadcasting revenues, income from joint ventures or other activities related to the broadcasting. Entering into the revenue base is the income belonging third companies especially production companies and acquisition of advertisement wherever are collected for the broadcasting business user and phonogram / phonograms published for commercial purposes, broadcasting / broadcast and to the extent that there is an unfair transfer, contrary to honest usage in commercial relationships, specific in that field. “(Article 5, Decision ORDA No. 216/2011).